Alex Stevens in Bloomberg BNA Labor and Employment Law Resource Center: Newly Released NLRB Advice Memorandum Finds Employer's Disclaimer Policy Lawful

09/25/2014

A company's social media policy that required workers who identified themselves as company employees to include a disclaimer that explained they were sharing their own views is lawful, according to a National Labor Relation Board Division of Advice memorandum (U.S. Security Assocs., Inc., NLRB Div. of Advice, No. 4-CA-66069, [released 9/19/14] 8/13/12).

Alex Stevens, a labor and employment associate at Haynes and Boone, LLP, told Bloomberg BNA Sept. 19 that approval from the Division of Advice in the memorandum of the disclaimer requirement was “huge” for companies...

Stevens welcomed the NLRB advice memorandum. He said disclaimer rules have been a “hot button” issue for employers, particularly in light of requirements from the Federal Trade Commission that those speaking about a company online disclose any material connections with the company.

He cited 16 C.F.R. § 255.5, part of the FTC's Guides Concerning the Use of Endorsements and Testimonials in Advertising, which says an employee of a music device manufacturer that promoted her employer's products on an MP3 player enthusiast website needed to clearly and conspicuously disclose her relationship with the company.

Excerpted from Bloomberg BNA Labor and Employment Law Resource Center, September 25, 2014. To view full article, click here (subscription required).

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